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Who Is At Fault In Snow-Caused Car Accidents?

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Snowfall becomes one of the most common causes of accidents every time during the winter season. Therefore, drivers should always be prepared and learn how to navigate through the conditions and arrive home safely.

However, this may not always be the case, as road crashes and accidents are inevitable. Like any auto accident, the law allows you to receive compensation for accidents that are not your fault. Here is how liability is determined in snow accidents:

What are the common causes of snow car accidents?

Snow causes auto accidents because of the harsh conditions associated with the winter season. However, others are a combination of these conditions and driver’s negligence. Examples of instances that cause accidents include:

  • Speeding: Driving beyond the recommended speed for winter conditions would most likely cause an accident.
  • Unclear windows: Snow, sleet, and ice common in the winter season reduce drivers’ visibility to cause an accident.
  • Braking issues: Drivers should always give extra time for vehicles to stop in harsh conditions. Otherwise, braking too fast could lead to drifting.
  • Distance: Following other vehicles too closely will deny the vehicle behind ample time to stop, especially during winter.

Determining liability

As discussed, car accidents during winter are caused by the snow as well as the driver’s negligence. Therefore, insurance companies review the case considering all specifics before making a decision. For example, circumstances such as skidding may be classified as your fault when evaluated by the insurance company. They claim that drivers must always take preventive measures even in threatening situations to reduce accidents.

Insurance companies will look at the road conditions before the accident, the vehicle’s speed, and whether the driver slammed the brakes in panic. Statements from eyewitnesses are also essential in making the final determination. Road conditions should not be a reason to clear drivers of their safety responsibilities.

Determination after the fault

The insurance company might assess the conditions and find you partially at fault for the specific accident. You can always appeal the option if you disagree with the insurance decision.

You can use the existing condition and prove that the other drivers are at fault to protect your interests. Partial liabilities may harm your case where the percentage of comparative fault reduces the compensation payable.

Dealing with insurance companies using an attorney

Remember, insurance companies also have a goal of making profits like any other organization. Therefore, they will look for strategies to reduce the amounts payable or avoid paying the claim entirely. That is why it is recommended that you work with an experienced attorney to help you get the compensation you deserve.  Schedule an appointment with an Atlanta car accident attorney to discuss your case and protect your rights.

James from Ponton Law is a professional lawyer who has won numerous cases and recovered millions of dollars in settlements. Therefore, you can always be assured that you have the best legal advice and representation. For car accidents and other personal injury cases, schedule an appointment online or call the offices at 404-860-2454.

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